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radiovet68

Question

I filed a claim back in 2010 or early 2011 ( not sure of date) how can i get all the paper work i submitted to the VA for that claim, there was a date on that claim i need, i was discharged on August 13th 1968, some time in my 4 year enlistment i developed breathing problems, wheezing and a little shortness of breath, really nothing that would cause me not to do my duty but a little annoying. i did see the corpsmen a few times for it but i cant remember the outcome. when i was discharged on 9/13/1968 i went to bay pines VA hospital around Jan. or Feb. of 1969 just a couple months after my discharge ( that was the date they gave me)in St. Pete FL. after examining me they told me they found no problem. i excepted there finding and started my civilian life. I did not know any thing about filing claims, i did not even know if we filed claims back then, i just felt if i go to the VA hospital i was doing what i was supposed to do with a health issue? thru the years i had to see civilian DR'S and they told me i had chronic Bronchitis, that diagnosis was around 2 years after my discharge i was 24 by then and i was being treated for the chronic bronchitis since then till now! but in 2010 i had a heart attack and it was caused by Ischemic heart disease, and Presumptuous to Agent Orange from Vietnam. I then had to send for all my military records, when i received them i read them and i saw my induction physical 100% fit for duty, my discharge physical said i had a dysfunctional left lung, well that means there was a problem when i was discharged with my lung and the beginning of life long Chronic Bronchitis. It appears the visit to Bay Pines VA hospital missed it!. i will need the paper work i submitted way back then HOW can i get? i will need it to show i was seen at bay pines way back in 1969, Bay Pines should of caught my Chronic Bronchitis, i was discharged with it. Now the Supreme Court will be hearing arguments about Vets getting there compensation awards dated back to our discharge dates, we are given 1 year from discharge to file and receive retro back to our discharge, after 1 year it is the date we file, for me the miss diagnosis of my COPD ( chronic Bronchitis) from Bay Pines VA hospital may be enough equitable tolling, Mr. Arellano's hearing by the SCOTUS will be October 4, 2022 he states he was under PTSD and mental problems and says equitable tolling should be in affect, maybe getting an ok  nothing wrong by Bay Pines will be enugh for me to claim equitable tolling, and if the supreme court changes the law to benefit us vets i will have a healthy chunk of change coming from back to 1968, but i still need to get the report that shows my visit to Bay Pines in 1969.

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You can request your C-file, or, if you have a VSO, you can have them look up that claim and the information you submitted with it. If you submitted it via E-benefits you may still be able to log in to see what documents you submitted with that claim. 

Edited by brokensoldier244th
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Welcome to hadit.  These are great questions, as many Veterans did something similar.  

I suggest you do the following:

1.  Order a copy of your cfile.  My last one came on DVD.  (Great)!  

2.  Contact Bay Pines, (medical center) and ask them for a copy of your medical records.  Ask for them to be sent to you. 

3.  File a claim ASAP, for issues you are currently having.  

     Focus on getting service connected now..you can appeal the effective date if you dispute it, which you need to do within a year of the decision.  (VARO decision.  You only have 120 days to appeal a board decision).  

    Remember, you have to have a CURRENT diagnosis (not necessarily a diagnosis in service or upon exit from service).  Of course you also need a "in service event" that you can point to which caused your condition.  

    Its true that, when you have a clean bill of health upon entrance from service and your exit physical shows you have something bad, you are given a presumptive this has been caused by service.  

    Lastly, of course, you need a nexus, or doc statement that your current diagnosis was at least as likely as not due to an event in service.  

    Good luck to you.  

   

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Brokensoldier is spot on. If you also go to your local VA records department, they probably could help as well. That's how I have gotten all of my past c&p exams. 

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I also agree with Broken soldier.  If you dont have a VSO, probably get one.  But, ask if he has VBMS access.  (VBMS access is not given to all VSO's automatically..the VSO has to apply and jump through VA hoops to obtain this access). 

When you do get access, take some time and review your file, and you can ask your VSO to help.  

Buck like to file an "intent to file" claim, but I prefer to "just file it", but that is up to you.  ITF can allow time to gather information.  But, I dont see a lot of purpose for an ITF unless you have difficulty (more than 60 days or so) obtaining your records.  

If you do use the ITF, you need to file within a year, or lose that effective date.  

Your VSO should be able to help you obtain a copy of your 2011 decision.  It may be possible to file cue on that, but that is premature, first do the other stuff mentioned.  

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My advice is similar but a little different, the next time you are at your local VAMC, you can go to the Release of Information Office to check and request your records from that time (if those records were electronic, you should be able to get a copy and see those dates).

 

Edited by pacmanx1
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